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INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution

& Single User)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR


USING.

Do not use or load software from this site or any associated materials (collectively, the
"Software") until you have carefully read the following terms and conditions. By loading or
using the Software, you agree to the terms of this Agreement. If you do not wish to so
agree, do not install or use the Software.

Please Also Note:

 If you are an Original Equipment Manufacturer (OEM), Independent Hardware


Vendor (IHV) or Independent Software Vendor (ISV), this complete LICENSE
AGREEMENT applies;

 If you are an End-User, then only Exhibit A, the INTEL SOFTWARE LICENSE
AGREEMENT, applies.

For OEMs, IHVs and ISVs:

LICENSE. Subject to the terms of this Agreement, Intel grants to You a nonexclusive, nontransferable,
worldwide, fully paid-up license under Intel's copyrights to:

 use, modify and copy Software internally for Your own development and maintenance
purposes; and

 modify or have modified, copy or have copied, and distribute Software, including derivative
works of the Software, to Your end-users, but only under a license agreement with terms at
least as restrictive as those contained in Intel's Final, Single User License Agreement,
attached as Exhibit A; and

 modify, copy and distribute the end-user documentation which may accompany the Software,
but only in association with the Software.

If You are not the final manufacturer or vendor of a computer system or software program incorporating
the Software, then You may transfer a copy of the Software, including derivative works of the Software
(and related end-user documentation) to Your recipient for use in accordance with the terms of this
Agreement, provided such recipient agrees to be fully bound by the terms hereof. You shall not
otherwise assign, sublicense, lease, or in any other way transfer or disclose Software to any third party.
You shall not reverse- compile, disassemble or otherwise reverse-engineer the Software.

You may not subject the Software, in whole or in part, to any license obligations of Open Source
Software including without limitation combining or distributing the Software with Open Source Software
in a manner that subjects the Software or any portion of the Software provided by Intel hereunder to
any license obligations of such Open Source Software. "Open Source Software" means any software
that requires as a condition of use, modification and/or distribution of such software that such software
or other software incorporated into, derived from or distributed with such software (a) be disclosed or
distributed in source code form; or (b) be licensed by the user to third parties for the purpose of
making and/or distributing derivative works; or (c) be redistributable at no charge. Open Source
Software includes, without limitation, software licensed or distributed under any of the following
licenses or distribution models, or licenses or distribution models substantially similar to any of the
following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License
(e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community
Source License (SCSL), (f) the Sun Industry Source License (SISL), (g) the Apache Software license and
(h) the Common Public License (CPL).
NO OTHER RIGHTS. The Software is protected by the intellectual property laws of the United States and
other countries, and international treaty provisions. Except as otherwise expressly above, Intel grants
no express or implied rights under Intel patents, copyrights, trademarks, or other intellectual property
rights. Except as expressly stated in this Agreement, no license or right is granted to You directly or by
implication, inducement, estoppel or otherwise. Intel shall have the right to inspect or have an
independent auditor inspect Your relevant records to verify Your compliance with the terms and
conditions of this Agreement.

CONFIDENTIALITY. If You wish to have a third party consultant or subcontractor ("Contractor") perform
work on Your behalf which involves access to or use of Software, You shall obtain a written
confidentiality agreement from the Contractor which contains terms and obligations with respect to
access to or use of Software no less restrictive than those set forth in this Agreement and excluding
any distribution rights, and use for any other purpose. Otherwise, You shall not disclose the terms or
existence of this Agreement or use Intel's Name in any publications, advertisements, or other
announcements without Intel's prior written consent. You do not have any rights to use any Intel
trademarks or logos.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or
its suppliers. The Software is copyrighted and protected by the laws of the United States and other
countries, and international treaty provisions. You may not remove any copyright notices from the
Software. Intel may make changes to the Software, or to items referenced therein, at any time without
notice, but is not obligated to support or update the Software. Except as otherwise expressly provided,
Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other
intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound
by these terms and if you retain no copies of the Software.

SUPPORT. Intel may make changes to the Software, or to items referenced therein, at any time without
notice, but is not obligated to support, update or provide training for the Software. Intel may in its sole
discretion offer such services under separate terms at Intel’s then-current rates. You may request
additional information on Intel’s service offerings from an Intel sales representative. You agree to be
solely responsible to Your End Users for any update or support obligation or other liability which may
arise from the distribution of the Software.

EXCLUSION OF OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other items contained within the
Software.

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR
INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION
SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE
FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY OR DEATH. YOU SHALL INDEMNIFY AND
HOLD INTEL AND THE INTEL PARTIES HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND
EXPENSES, AND REASONABLE ATTORNEY FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE
DISTRIBUTION OF THE SOFTWARE AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR
DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF SUCH CLAIM ALLEGES THAT AN INTEL PARTY
WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE. THE LIMITED
REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. INTEL WOULD NOT BE ABLE TO PROVIDE THE
SOFTWARE WITHOUT SUCH LIMITATIONS.

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement immediately, upon notice from
Intel, if You violate its terms. Upon termination, You will immediately destroy the Software (including
providing certification of such destruction back to Intel) or return all copies of the Software to Intel. In
the event of termination of this Agreement, all licenses granted to You hereunder shall immediately
terminate, except for licenses that you have previously distributed to Your end-users pursuant to the
license grant above.

APPLICABLE LAWS. Any claims arising under or relating to this Agreement shall be governed by the
internal substantive laws of the State of Delaware or federal courts located in Delaware, without regard
to principles of conflict of laws. Each Party hereby agrees to jurisdiction and venue in the courts of the
State of California for all disputes and litigation arising under or relating to this Agreement. The Parties
agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically
excluded from application to this Agreement. The Parties consent to the personal jurisdiction of the
above courts.

Export Regulations / Export Control. You shall not export, either directly or indirectly, any product,
service or technical data or system incorporating such items without first obtaining any required
license or other approval from the U. S. Department of Commerce or any other agency or department
of the United States Government. In the event any product is exported from the United States or re-
exported from a foreign destination by You, You shall ensure that the distribution and export/re-export
or import of the product is in compliance with all laws, regulations, orders, or other restrictions of the
U.S. Export Administration Regulations and the appropriate foreign government. You agree that neither
you nor any of your subsidiaries will export/re-export any technical data, process, product, or service,
directly or indirectly, to any country for which the United States government or any agency thereof or
the foreign government from where it is shipping requires an export license, or other governmental
approval, without first obtaining such license or approval.

GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item" as that term is defined in 48
C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48
C.F.R 227.7202-1 through 227.7202-4, You will provide the Software to the U.S. Government as an End
User only pursuant to the terms and conditions therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.

Assignment. You may not delegate, assign or transfer this Agreement, the license(s) granted or any of
Your rights or duties hereunder, expressly, by implication, by operation of law, by way of merger
(regardless of whether You are the surviving entity) or acquisition, or otherwise and any attempt to do
so, without Intel’s express prior written consent, shall be null and void. Intel may assign this
Agreement, and its rights and obligations hereunder, in its sole discretion.

Entire Agreement. The terms and conditions of this Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and merges and supersedes all prior,
contemporaneous agreements, understandings, negotiations and discussions. Neither of the parties
hereto shall be bound by any conditions, definitions, warranties, understandings or representations
with respect to the subject matter hereof other than as expressly provided for herein. Intel is not
obligated under any other agreements unless they are in writing and signed by an authorized
representative of Intel. Without limiting the foregoing, terms and conditions on any purchase orders or
similar materials submitted by You to Intel, and any terms contained in Intel’s standard
acknowledgment form that are in conflict with these terms, shall be of no force or effect.

Attorneys’ Fees. In the event any proceeding or lawsuit is brought by Intel or You in connection with this
Agreement, the prevailing party in such proceeding shall be entitled to receive its costs, expert witness
fees and reasonable attorneys’ fees, including costs and fees on appeal.

No Agency. Nothing contained herein shall be construed as creating any agency, employment
relationship, partnership, principal-agent or other form of joint enterprise between the parties.

Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under
any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall
be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid
provision within the limits of applicable law or applicable court decisions.

Waiver. The failure of either party to require performance by the other party of any provision hereof
shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by
either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Language. This Agreement is in the English language only, which language shall be controlling in all
respects, and all versions of this Agreement in any other language shall be for accommodation only
and shall not be binding on you or Intel. All communications and notices made or given pursuant to this
Agreement, and all documentation and support to be provided, unless otherwise noted, shall be in the
English language.
EXHIBIT “A”

INTEL SOFTWARE LICENSE AGREEMENT (Final, Single User)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR


USING.

Do not use or load software from this site or any associated materials (collectively, the
"Software") until you have carefully read the following terms and conditions. By loading or
using the Software, you agree to the terms of this Agreement. If you do not wish to so
agree, do not install or use the Software.

LICENSE. You may copy the Software onto a single computer for your personal, or internal business
purpose use, and you may make one back-up copy of the Software, subject to these conditions:

 You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as
provided in this Agreement, and you agree to prevent unauthorized copying of the Software.

 You may not reverse engineer, decompile, or disassemble the Software.

 You may not sublicense or permit simultaneous use of the Software by more than one user.

 The Software may contain the software or other property of third party suppliers, some of
which may be identified in, and licensed in accordance with, any enclosed “license.txt” file or
other text or file.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or
its suppliers. The Software is copyrighted and protected by the laws of the United States and other
countries, and international treaty provisions. You may not remove any copyright notices from the
Software. Intel may make changes to the Software, or to items referenced therein, at any time without
notice, but is not obligated to support or update the Software. Except as otherwise expressly provided,
Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other
intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound
by these terms and if you retain no copies of the Software.

EXCLUSION OF OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other items contained within the
Software.

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if you violate its
terms. Upon termination, you will immediately destroy the Software or return all copies of the Software
to Intel.

APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of Delaware,
excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale
of Goods. You may not export the Software in violation of applicable export laws and regulations. Intel
is not obligated under any other agreements unless they are in writing and signed by an authorized
representative of Intel.

GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and
DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes
acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.

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